611A.045 PROCEDURE FOR ISSUING ORDER OF RESTITUTION.
Subdivision 1. Criteria.
(a) The court, in determining whether to order restitution and the
amount of the restitution, shall consider the following factors:
(1) the amount of economic loss sustained by the victim as a result of the offense; and
(2) the income, resources, and obligations of the defendant.
(b) If there is more than one victim of a crime, the court shall give priority to victims who are
not governmental entities when ordering restitution.
Subd. 2. Presentence investigation.
The presentence investigation report made pursuant
609.115, subdivision 1
, must contain information pertaining to the factors set forth in
Subd. 2a. Payment structure.
The court shall include in every restitution order a provision
requiring a payment schedule or structure. The court may assign the responsibility for developing
the schedule or structure to the court administrator, a probation officer, or another designated
person. The person who develops the payment schedule or structure shall consider relevant
information supplied by the defendant. If the defendant is placed on supervised probation, the
payment schedule or structure must be incorporated into the probation agreement and must
provide that the obligation to pay restitution continues throughout the term of probation. If the
defendant is not placed on probation, the structure or schedule must provide that the obligation to
pay restitution begins no later than 60 days after the restitution order is issued.
Subd. 3. Dispute; evidentiary burden; procedures.
(a) At the sentencing, dispositional
hearing, or hearing on the restitution request, the offender shall have the burden to produce
evidence if the offender intends to challenge the amount of restitution or specific items of
restitution or their dollar amounts. This burden of production must include a detailed sworn
affidavit of the offender setting forth all challenges to the restitution or items of restitution, and
specifying all reasons justifying dollar amounts of restitution which differ from the amounts
requested by the victim or victims. The affidavit must be served on the prosecuting attorney and
the court at least five business days before the hearing. A dispute as to the proper amount or type
of restitution must be resolved by the court by the preponderance of the evidence. The burden
of demonstrating the amount of loss sustained by a victim as a result of the offense and the
appropriateness of a particular type of restitution is on the prosecution.
(b) An offender may challenge restitution, but must do so by requesting a hearing within 30
days of receiving written notification of the amount of restitution requested, or within 30 days of
sentencing, whichever is later. Notice to the offender's attorney is deemed notice to the offender.
The hearing request must be made in writing and filed with the court administrator. A defendant
may not challenge restitution after the 30-day time period has passed.
History: 1985 c 110 s 2; 1989 c 21 s 7; 1994 c 636 art 7 s 4; 1997 c 239 art 7 s 25; 1999 c
38 s 1